On 6 April 2024, section 1 of the Employment Relations (Flexible Working) Act 2023 (the Act) will be brought into force by the Employment Relations (Flexible Working) Act 2023 (Commencement) Regulations 2024 (SI 2024/438).

The Act makes various changes to the statutory flexible working request procedure.

In summary, an employee will be entitled to make up to two requests in any 12-month period and will no longer have to explain what effect, if any, they think their requested change would have on the employer and how any identified effect might be dealt with. An employer will not be permitted to refuse a request unless it has consulted the employee and the time for an employer to make a decision will be reduced from three to two months (although it will remain open for the parties to agree a longer period).

These changes coincide with the statutory right to request flexible working becoming a day one right – there is no longer a requirement to have been employed for at least 26 weeks before making the request.

To support the new statutory scheme, the revised statutory Acas Code of Practice on requests for flexible working, which was issued in draft form on 11 January 2024, will come into force on 6 April 2024.

My suggestion to employers with more than a handful of employees is to consider a staff handbook which would include a policy on flexible working requests.

Get in touch if you need assistance with flexible working, staff handbooks or other employment law issues.